Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1887-02-17

allowed to enlisted men who have not Suf-
fered the least injury, disability, loss or
/ damage of any kind, incurred in or in
any degree referabIe to their military
tenure. including those who never reach
| ed the front at all, and those discharged
from rendezvous at the close of the
war if discharged three months after en-
llstment. Under the last call of the
president for troops in December 1864
| 1903 men were furnished, who were thus
| dischared
| THE SECTION ALLOWING THIS PENSION
does, however, require besides the ser
vice of three months and an honorable
discharge that those seeking the benefit
of the act shall be such as are now or
may hereafter be suffering from mental
or physical disability not the result of
their own vicious habits or gross care
| lessness which incapacitates them for the
| performance of labor in such a degree
as to render them unable to earn their
| support and who are dependent upon
their daily labor for support. It pro-
vides further that such persons shall
upon making proof of the fact be placed
on the list of invalid pensioners Of the
United States and be entitled to
receive for such total inability
| by daily labor S12 per month
and such pension shall commence from
the date of the filing of the application
in the pension office, upon proof that the
disability then existed, and continue dur
ing the existence of the same to the de-
gree herein provided; provided that per-
sons who are now receiving pensions un-
der the existing law Or whose claims are
pending in the pension Office can by ap-
plication to the commissioner of pensions
| in such form as he may prescribe, receive
the benefit of this act. It is manifestly
Of the utmost Importance that statutes
which like the pension laws should be lib
orally administered as measures Of be-
nevolence in behalf of worthy beneficial
| rles,
SHOULD ADMIT OF NO UNCERTAINTY
as to their general objects and con-
| sequences. Upon a careful coasidera-
ton of the language of the section of the
bill above given, it seems to me to be so
uncertain and liable to such conflicting
constructions as to be subject to such un-
just and mischievious application as to
alone furnish sufficient ground for the
disapproval of the proposed legislation,
The persons seeking to obtain the pen
sions provided by this section must be
now or hereafter: LIST; suffesing from
mental or physical disability. I'd; such
disability must not be the re-
suit of their own vicious habits
or of gross carelessness. Sd;
such disability must be such as incapaci-
tates them from the performance Of
unable to earn a support; 4th they must
/ ha hair Ioi1x Lob f<r
support; 18th, upon proof of these condi-
t1ons they shall be placed on the lists of
invalid pensioners of the United States,
and be entitled to receive for such total
Inability to procure their subsistence by
daily labor, $12 per month. 1t is not
probable that the words last quoted, ''such
total inability TO procure their subsist-
ence by daily labor" at all quail
fly the conditions prescribed in the
preceding language of the section.
The ''total inability" spoken of must be
such Inability" that is the inability al
ready described and constituted by the
conditions already detailed as previous
parts of the section. 1t thus becomes
important to
| CONSIDER THE MEANING AND SCOPE
of these last mentioned conditions. The
mental and physical disability spoken of
has distinct meaning in the practice of
the tension bureau, and includes every
impairment of bodily or mental strength
and vigor. For such disability there are
now paid 131 different rates of pensions,
varying from $40 to 500 per month.
This disability must not be the
result of the applicants vicious habits
or gross carelessness. Practically this
provision is not important. The attempt
of the government to escape the pay
ment of pensions on such plea would of
course in a very large majority of in
| stances and regardless of the merits of
| the case, prove failure. There would be
that strange but universal willingness to
help the Individual as between him and
the public treasury, which goes very far
to insure state of proof in favor of the
claimant.
THE DISABILITY OF THE APPLICANTS
must be such as to incapacitate them
for the performance of labor in such
degree as to render them unable to earn
support. It will be observed that there
is no limitations or definitions of inca
capacity, injury or such disability from
any cause as renders the claimant unable
to earn his support by labor. 1t seems
to me that the support here mentioned
| 10 OliC W1lSu CdnuOb U0 SdIu0o III GULL
plete and entire support with no diminu-
ton on account of the least impairment
of physical Or mental condition. If it
has been intended to embrace only those
who by disease or injury were totally
unable to labor it would have been very
easy to express that idea instead of
recognizing as it does the ''degree" of
such inability. What is support? Who
| Is to determine whether the man earns or
has or has it not? Is the government
to enter the homes of claimants for
pensions and after an examina tion
of their surroundings and circumstances
settle these questions? Shall the govern
ment say to one man his manner of sub
sistence by his earnings is support, and
to another that the things his earnings
furnish are not support? Any attempt,
however honest, to administer this law in
such manner would necessarily produce
more
UNFAIRNEss AND UNI Usr DISSEMINATION
and give more scope for partisan parti-
alIty and would result in more perversion
of the governments benevolent inten-
tiOns than the execution of any statute